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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Drunk Prisoner

Source: Internal (UCMJ) or external at constitution.org

The UCMJ is the derived source of this information.  The information below is for illustration and educational purposes only and may not reflect the most recent changes.  Please refer to your Legal Office or Area Defense Counsel for legal advice.

Text.

See Paragraph 60 (Article 134 - General Article).

Elements.

(1) That the accused was a prisoner;

(2) That while in such status the accused was found drunk; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation.

(1) Prisoner. See paragraph 74c(1).

(2) Drunk. See paragraph 35c(6) (Article 111) for a discussion of intoxication.

Lesser included offense. None.

Maximum punishment.. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.







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